AOS ------- "INITIAL EVIDENCE QUESTION"

[chikita22 2]

Good Morning, I need some guidance/advise.

I have submitted AOS package (late April) for my husband - he has already received his appointment for his biometrics, however, yesterday in the mail, we received a letter "Request for Initial Evidence I 485" with it, they are sending me "supplement A to Form I485 for me to fill out.

My first question is - my husband came to the US with a Visitors Visa and has his passport stamped - they are requesting "evidence" -----can i just send a copy of his Visitors Visa / stamped old passport ?????

Also - is there any reason to fill out supplement A (my understanding was that this form was not suppose to be submitted if you entered legally into the states)

if anyone can please guide me.

Thank you

[Ryan H 3,834]

Moved from IR-1/CR-1 Progress Reports to Adjustment of Status from Work, Student, & Tourist Visas forum.

[aussie_jason 195]

Sounds like you completed your I-485 incorrectly and/or didn't provide evidence of him entering legally so they assumed he didn't enter legally, I'd review your I-485 to ensure you completed it correctly, if so then I would reply to the RFE with proof of his legal entry along with an explanation cover letter.

[f&c 50]

Good Morning, I need some guidance/advise.

I have submitted AOS package (late April) for my husband - he has already received his appointment for his biometrics, however, yesterday in the mail, we received a letter "Request for Initial Evidence I 485" with it, they are sending me "supplement A to Form I485 for me to fill out.

My first question is - my husband came to the US with a Visitors Visa and has his passport stamped - they are requesting "evidence" -----can i just send a copy of his Visitors Visa / stamped old passport ?????

Also - is there any reason to fill out supplement A (my understanding was that this form was not suppose to be submitted if you entered legally into the states)

if anyone can please guide me.

Thank you

DO NOT complete supplement A. Your husband entered the US legally, so it is not needed. Copy the Visa in the old passport and mail it in. Also check the following link for his entry info:

https://i94.cbp.dhs.gov/I94/request.html

[chikita22 2]

DO NOT complete supplement A. Your husband entered the US legally, so it is not needed. Copy the Visa in the old passport and mail it in. Also check the following link for his entry info:

https://i94.cbp.dhs.gov/I94/request.html

Thank you for your response, do you know how i can obtain records that are older than 10 yrs, i have tried searching his passport info, and nothing is coming back because the data base only hold 5 yrs of info. thank you both for your response, i have search the I485 and i was filled out correctly, now i need to optain the records.

[f&c 50]

Thank you for your response, do you know how i can obtain records that are older than 10 yrs, i have tried searching his passport info, and nothing is coming back because the data base only hold 5 yrs of info. thank you both for your response, i have search the I485 and i was filled out correctly, now i need to optain the records.

You can try filing an FOIA request here:

http://www.cbp.gov/site-policy-notices/foia

Like I said though, it takes a long time to get a response. We are going on 6 months now for ours, so you likely will not have enough time to wait for that. You can try resending a copy of the passport page with the visa stamp again. We responded to our RFE with the same exact documents we sent in the original package and USCIS accepted it.

[chikita22 2]

You can try filing an FOIA request here:

http://www.cbp.gov/site-policy-notices/foia

Like I said though, it takes a long time to get a response. We are going on 6 months now for ours, so you likely will not have enough time to wait for that. You can try resending a copy of the passport page with the visa stamp again. We responded to our RFE with the same exact documents we sent in the original package and USCIS accepted it.

Great, (i have requeste an appt with immigration, because i was not sure what to do about the supplement A form) but that can be cancelled, i was just not sure if photocopies of just the passport stamps would suffice for evidence...

Also - what did you do with the supplement A (did you fill yours out?????) or should i send a cover letter saying it is not applicable to my husband???

Again - really appreciate your adivse.

thank you.

[f&c 50]

Great, (i have requeste an appt with immigration, because i was not sure what to do about the supplement A form) but that can be cancelled, i was just not sure if photocopies of just the passport stamps would suffice for evidence...

Also - what did you do with the supplement A (did you fill yours out?????) or should i send a cover letter saying it is not applicable to my husband???

Again - really appreciate your adivse.

thank you.

Do not fill out supplement A. Doing so would basically be admitting that your husband entered without inspection, which he did not. We sent back the yellow RFE notice along with the supplement A they sent (leave it blank). Our attorney also sent a letter explaining why supplement A is not applicable to my wife and we completed an affidavit explaining her entry circumstances.

Also, did you send a copy of the passport stamps with your original package? If not, that is likely the reason for the RFE. I really think you will be okay with sending a copy of the passport stamps.

Edited May 29, 2014 by f&c

[chikita22 2]

Do not fill out supplement A. Doing so would basically be admitting that your husband entered without inspection, which he did not. We sent back the yellow RFE notice along with the supplement A they sent (leave it blank). Our attorney also sent a letter explaining why supplement A is not applicable to my wife and we completed an affidavit explaining her entry circumstances. I really think you will be okay with the passport stamps. We didn't even have that, so you're ahead of the game.

Awsome, thanks again for the info, i will mail that out tomorrow, and will await their response.

[f&c 50]

Awsome, thanks again for the info, i will mail that out tomorrow, and will await their response.

Good luck! It took about a month after USCIS received our RFE response to get my wife's EAD and move into Testing and Interview.

[chikita22 2]

It has been over a month that our evidence was sent, do you recommend i call or know how long it can take?????

Good luck! It took about a month after USCIS received our RFE response to get my wife's EAD and move into Testing and Interview.

[rockstar 0]

Did you send a copy of all pages of the passport including stamps, in the original submission? If not, then that should do the trick. I would write a brief explaining in detail the circumstances so they are clear. Good luck!